Tds u/s 194c on contractor

TDS 577 views 1 replies

We engage contractor, who supplies labour for the specified job. Billing is done by contractor & TDS is deducted from the bill amount every month.

When any contracted employee of that particular contractor retires, we give credit to contractor for the Gratuity amount to be paid to the retired contract employee & then issue cheque to contractor for gratuity amount only.

In this case no other payment is made to contractor as his commission & profit. 

My Query is

1) Whether this amount of Gratuity paid through contractor to retired contracted employee will attract any TDS u/s 194(c)?

Replies (1)

Gratuity is payable to an employee who has completed 5 years of continuous service. 

The person should be an employee of the company. Here, the person is working for a contractor who has been hired by the company to complete a specified job. I don't think the company is liable to pay any gratuity. And if some payment is payable to the employees of the contractor, then a different nomenclature shoud be used to describe this payment. And in that case, TDS shall be deducted. 


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